Chapter 111

Section 6D. There is hereby established within the department an advisory committee for genetically handicapped persons, hereinafter referred to as the committee. The committee shall be composed of six members to be appointed by the commissioner, one of whom shall be a geneticist…

Section 6E. The department shall collect and report data on law enforcement-related injuries and deaths. The commissioner shall promulgate regulations necessary to implement this section, including, but not limited to, protocols and procedures for the reporting of law enforcement…

Section 7. If smallpox or any other contagious or infectious disease declared by the department to be dangerous to the public health exists or is likely to exist in any place within the commonwealth, the department shall make an investigation thereof and of the means of preventin…

Section 70. Hospitals or clinics subject to licensure by the department of public health or supported in whole or in part by the commonwealth, shall keep records of the treatment of the cases under their care including the medical history and nurses' notes and, in the case of a p…

Section 70A. Any person and any city or town maintaining a hospital licensed under the provisions of section fifty-one, any hospital located in the commonwealth and operated by the United States Veterans Administration, any hospital operated by the commonwealth which furnished me…

Section 70B. Such lien shall take effect if, prior to any such judgment, settlement or compromise, a written notice containing the name and address of the injured person, the date of the accident, the name and location of the provider of hospital, medical or dental services, the …

Section 70C. Any person who pays over any money upon which there is a lien as provided in section seventy A of which he has received notice as provided in section seventy B to any such injured person, his attorney or his heirs or legal representatives shall be liable to the perso…

Section 70D. Upon receipt of a written request mailed by certified mail, return receipt requested, from any person notified of such lien in accordance with the provisions of section seventy B, such hospital shall within ten days after receipt of such request furnish such person w…

Section 70E. As used in this section, ''facility'' shall mean any hospital, institution for the care of unwed mothers, clinic, infirmary maintained in a town, convalescent or nursing home, rest home, or charitable home for the aged, licensed or subject to licensing by the departm…

Section 70F. A facility, as defined in section 70E, physician or health care provider shall not (1) test any person for the presence of the HIV antibody or antigen without first obtaining that person's verbal informed consent; (2) disclose the results of such test to any person o…

Section 70G. (a) For purposes of this section, the following words shall have the following meanings:— ''Confidential research information'', any results of a genetic test maintained pursuant to pharmacological or clinical research protocols which are subject to and conducted in …

Section 70H. (a) For the purposes of this section, the term ''Down Syndrome'' shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A facility, as defined in section 70E, physician, …

Section 70I. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: "Abortion'', as defined in section 12K of chapter 112. "Abortion-related health care services'', all supplies, care and services…

Section 71. (a) For purposes of this section and sections 71A1/2 to 73, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Applicant'', any person who applies to the department for a license to establish or maintain…

Section 71C. (a) The department, in consultation with the Alzheimer's Disease and Related Disorders Association, Massachusetts/New Hampshire Chapter, Inc. and representatives from the nursing home provider community shall promulgate regulations to establish minimum standards for …

Section 72. (a)(1) The department shall classify long-term care facilities and shall, after a public hearing, promulgate rules and regulations for the conduct of such facilities. Rules and regulations for long-term care facilities shall include, but not be limited to, minimum req…

Section 72AA. Long-term care facilities shall distribute to each new resident, a resident's family member or health care proxy, at the time of admission, an informational document written by the department of public health in layperson's language about the laws and regulations th…

Section 72BB. (a) For the purposes of this section, the term ''facility'' shall mean a nursing home, rest home or other long-term care facility. (b) The department shall establish a schedule of psychotropic medications that shall not be administered to a resident by a facility wi…

Section 72C. All convalescent or nursing homes shall be provided throughout with electric lighting, and shall have an emergency lighting system for the boiler room, exits, stairs, patient corridors and nurses' stations, which shall be maintained in proper working order and kept a…

Section 72CC. (a) The department shall require long-term care facilities to develop and submit to the department an outbreak response plan, which shall be customized to the long-term care facility. The department shall review such plan to ensure compliance with the requirements u…

Section 72D. Every nursing home, rest home, and long-term care facility shall provide telephone access for the use of the residents. Telephones shall be located so as to assure privacy during usage, for use by wheelchair residents, and shall be equipped for sound amplification. T…

Section 72DD. (a) The division of health care facility licensure and certification shall establish and implement a process and program for providing training and education to staff of long-term care facilities licensed by the department pursuant to section 71. The training and ed…

Section 72E. (a) The department shall, after every inspection by its agent pursuant to section 72, provide the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations found during said inspection. Wi…

Section 72EE. (a) The department shall promulgate regulations to encourage and enable residents of a long-term care facility to engage in in-person, face-to-face, verbal or auditory-based contact, communications and religious and recreational activities with others to the extent …

Section 72F. As used in sections 72F to 72L, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Abuse'', the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or…

Section 72FF. (a) The department, in consultation with the center for health information and analysis, the division of medical assistance, the executive office of aging and independence and the health policy commission, shall annually conduct an examination and report on cost tre…

Section 72G. A physician, medical intern or resident, physician assistant, registered nurse, licensed practical nurse, nurse aide, orderly, home health aide, hospice worker, homemaker, administrator, responsible person, medical examiner, dentist, optometrist, optician, chiropract…

Section 72GG. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise: ''Gender expression'', the manner in which a person represents or expresses gender to others, often through behavior, clothing, hairstyle…

Section 72H. The department shall, subject to appropriation: (1) notify the attorney general forthwith upon receipt of an oral or written report made under the provisions of section 72G; (2) investigate and evaluate the information reported in any such report. Such investigation …

Section 72I. The department shall, subject to appropriation, maintain a file of the written reports prepared pursuant to sections 72G and 72H. The report submitted by the mandatory or nonmandatory reporter to the department and the report prepared by the department following its …

Section 72J. The department shall, subject to appropriation, establish and maintain a registry of all individuals who have met the federal requirements for competency contained in 42 USC § 1396r and have been certified as nurse aides for employment in a facility. A facility, othe…

Section 72K. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Bodily injury'', substantial impairment of the physical condition including, but not limited to, any burn, fracture of any bone, sub…

Section 72L. Upon a finding by the department of patient or resident abuse, mistreatment or neglect or misappropriation of patient or resident property or a failure to report such instances by a licensed or registered professional, the department or the attorney general shall not…

Section 72M. The superior court department of the trial court, upon petition of the attorney general or upon petition of the department or any interested party, as hereinafter provided, shall appoint a receiver for any institution subject to licensing under section seventy-one, h…

Section 72N. The department or the attorney general may bring an action in the superior court department of the trial court requesting the appointment of a receiver to operate a facility. Before the department brings such an action, a nursing home administrator designated by the …

Section 72O. When a receiver is appointed, the licensee shall be divested of possession and control of the facility in favor of the receiver. With the approval of the court, the receiver shall have authority to remedy violations of federal and state law and regulations governing …

Section 72P. A receiver shall not be required to honor any lease, mortgage, or secured transaction entered into by the licensee of the facility if the court finds that the agreement was entered into for a fraudulent purpose or to hinder or delay creditors or that the rental, pric…

Section 72Q. The court shall set a reasonable compensation for the receiver that is consistent with the regulations of the center for health information and analysis, and shall require the receiver to furnish a bond. Such expenses shall be paid from the revenues of the facility. …

Section 72R. A receivership shall not be terminated if a license to operate the facility would not be in effect upon termination; or the facility would revert to the licensee during the pendency of proceedings to revoke, deny, or suspend its license; or the facility would revert …

Section 72S. No person shall bring an action against a receiver appointed under section seventy-two N without first securing leave of court. The receiver shall be liable in his personal capacity for gross negligence or intentional wrongdoing. In all other cases, the receiver shal…

Section 72T. An order appointing a receiver under section seventy-two N shall have the effect of a license for the duration of the receivership. The receiver shall be responsible to the court for the conduct of the facility during the receivership, and any violation of regulation…

Section 72U. The department is hereby authorized and directed to promulgate rules and regulations necessary for the implementation of sections seventy-two N to seventy-two T, inclusive.

Section 72V. Every nursing home, rest home, or other long term care facility shall provide adequate and secure storage space for the personal property of each resident. The department shall promulgate regulations specifying methods to protect such property, including regulations …

Section 72W. As used in this section the following words shall have the following meanings:— ''Long term care facility'', a convalescent home, nursing home, rest home or charitable home for the aged licensed under the provisions of section seventy-one. ''Nurses' aide'', any emplo…

Section 72X. All public and private nursing homes shall designate no smoking sections in certain common areas, including lobbies, cafeterias, conference rooms and employee lounges. Using tobacco products, as defined in section 6 of chapter 270, by any employee of such nursing hom…

Section 72Y. As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meaning: ''Health care facility'', a hospital, institution for the care of unwed mothers or clinic, as defined in section fifty-two; a long-term faci…